Thus Canada was endowed with representative institutions, and

entered on the second stage in its history as a British possession.

It was divided into an English province and a French province, in

order as far as possible to prevent friction between two races not

yet accustomed to each other. For the English province English

land tenure was made the law of the land, in the French province

it was only made optional. Taxation of members of one religion for

the upkeep of another found no place in the Act, nor did taxation

of a colony by the mother country for the purposes of Imperial

revenue. The popular representatives were in the main given control

of the moneys raised from taxes: and no doubt was left as to who

had the keeping of the people’s purse.[204] On the other hand

the Executive power was left with the Crown, and the waste lands

provided possibilities of a revenue by which the government might

be supported apart from the taxes, and by which an Established

Church might be maintained apart from the tithes. The Imperial

Parliament too retained the power of regulating commerce, while

making no money out of the colony by any commercial regulations.

It was in short a prudent and tolerant half-way Act, wise and

practical in view of the times and the local conditions, and it

was evidence that England and Englishmen had learnt good and not

evil from the War of American Independence. A study of Canadian

history, with special reference to the Quebec Act of 1774 and the

Canada Act of 1791, and the results which flowed from them, leads

to the conclusion that in either case the British Government of

the day tried most honestly and most anxiously to deal with a very

complicated problem on its merits; that every effort was made

by the ministers of the Crown to mete out fair and considerate

treatment to the majority of the resident population in Canada; and

that those who framed and carried the laws guided themselves by

living facts rather than by _a priori_ reasoning. But it is also

impossible to resist the conclusion that at almost any time from

1783 onwards, until the Canadian Dominion came into being, there

was little to choose between the arguments for retaining a single

province, and those for constituting two provinces. In any case it

was inevitable that the provisions of the Act of 1791 should give

rise to new complications of various kinds; and apart from specific

questions, constitutional and otherwise, there were two very

practical difficulties which necessarily arose from the division of

the province of Quebec. The first was an Executive difficulty, of

which more will be said presently. From the date of the Act there

was increasingly divided authority in the Canadas. The second was a

financial difficulty arising from geographical conditions. One of

the two provinces had the keeping of the other, so far as regarded

access from and to the sea.

[Sidenote: Financial difficulties between the two provinces.]

As the line of division was drawn, Upper Canada, like the Transvaal

at the present day, was compelled to import all sea-borne articles

through territory under the administration of another government,

either through Lower Canada or through the United States. The

St. Lawrence being the high road of import and export, Lower

Canada commanded the trade of Upper Canada. Therefore, in order

to collect a customs revenue, it was necessary for the Upper

Province either to establish customs houses on the frontier of

Lower Canada--a measure which would probably have been ineffective

and would certainly have involved much inconvenience and expense,

or to come to some arrangement whereby a certain proportion of

the duties levied at Quebec, which was the port of entry of Lower

Canada, would be handed over to the administration of the Upper

Province. The latter course was taken, and in 1795, a provisional

arrangement was made, by which the proportion was fixed for the

time being at one-eighth. The record of what followed is a record

of perpetual friction, of commissions and temporary arrangements

confirmed by provincial Acts. It was suggested that the boundaries

of the provinces should be altered, and that Montreal should be

included in and be made the port of entry of Upper Canada, but

the suggestion was never carried into effect. As the population

of Upper Canada grew, the discontent increased. In 1818 one-fifth

of the duties was temporarily assigned to Upper Canada. Then a

complete deadlock ensued, which ended with the Imperial Canada

Trade Act of 1822. By arbitration under the terms of that Act the

proportion which Upper Canada was to receive was in 1824 raised to

one-fourth; and when Lord Durham reported, it was about two-fifths.

In his report Lord Durham referred to the matter as ‘a source of

great and increasing disputes’, which only came to an end when the

two provinces were once more united under the Imperial Act of 1840.

[Sidenote: The position in Canada when the new Act came into force.]

The Canada Act took effect on the 26th of December, 1791. Dorchester

was then in England, and Sir Alured Clarke, Lieutenant-Governor of

the province of Quebec under the old system and Commander of the

Forces in British North America, was acting for him. Under the new

Act Clarke was appointed Lieutenant-Governor of Lower Canada, while

the Lieutenant-Governorship of Upper Canada was conferred upon

Colonel Simcoe, both officers being subordinate to Dorchester as

Governor-in-Chief. Dorchester had left Canada on the 18th of August,

1791, and did not return till the 24th of September, 1793. His

prolonged absence was unfortunate in more ways than one. Technical

difficulties arose owing to the absence of the Governor-in-Chief,

for, as soon as the new Act came into force, Clarke’s authority was

confined by his commission to Lower Canada. The practical effect too

was that Simcoe started on his new charge with a free hand and found

it irksome, when Dorchester returned, to take a second place. Added

to this were the complications caused by the French declaration of

war against Great Britain in February, 1793, the hostilities between

the United States and the Indian tribes on the border land of

Canada, and the persistent and increasing bitterness in the United

States against Great Britain, caused partly by sympathy with the

French Revolution and the intrigues of French agents, and partly by

the British retention of the frontier forts and supposed British

sympathy with the Indians.

However, the political arrangements in Canada were carried into

effect without any appreciable friction. Clarke, a man of judgement

and discretion, did not hurry matters in Lower Canada. He divided

the province into electoral districts, and summoned the Legislature

for its first session at Quebec on the 17th of December, 1792,

when the Act had been in force for nearly a year. The session then

lasted into May. Simcoe arrived at Quebec on the 11th of November,

1791; but, as no Executive Council had yet been constituted for

Upper Canada, he could not be sworn in as Lieutenant-Governor

and take up his duties until the following midsummer, Upper

Canada being in the meantime left without any governor or

lieutenant-governor. In July, 1792, he issued a proclamation at

Kingston, dividing Upper Canada into districts, and on the 17th of

September the new Legislature met for the first time at Newark, on

the Canadian side of the Niagara river, near where that river flows

into Lake Ontario. The Lieutenant-Governor fixed his head quarters

at ‘Navy Hall’, a building constructed in the late war for the use

of the officers of the naval department on Lake Ontario. It stood

by the water’s edge, nearly a mile higher up the river than Newark;

and on the bank above, in the war of 1812, covering the buildings

below, stood the historic Fort George. The session was a short

one, closing on the 15th of October, but important work was done.

English law and procedure, and trial by jury, were established,

while proposals for taxation and the state of the marriage law gave

a field for difference of opinion and debate. When the session was

over, Simcoe reported that he found the members of the Assembly

‘active and zealous for particular measures, which were soon shown

to be improper or futile’, and the Council ‘cautious and moderate,

a valuable check upon precipitate measures’.[205]

[Sidenote: Simcoe.]

John Graves Simcoe, the first Lieutenant-Governor of Upper Canada,

was the son of a naval officer who died when serving under Admiral

Saunders in the fleet which helped to take Quebec. The son, who

derived his second name from another sailor, his godfather Admiral

Graves, was born in 1752. He was born in Northumberland, but after

his father’s death, his mother made her home in Devonshire. He was

educated at Exeter Grammar School, at Eton, and at Merton College,

Oxford, and he joined the army in 1771, when he was nineteen years

old. He served with much distinction in the War of Independence, in

which he commanded a Loyalist Corps, known as the Queen’s Rangers.

When the war ended, he held the rank of lieutenant-colonel.

After his return to England in bad health he spent some years at

his family home in Devonshire, he married, and in 1790 became a

member of Parliament, sitting for the borough of St. Mawes in

Cornwall. His Parliamentary career was very short, for in 1791,

before he was yet forty years of age, Pitt appointed him to be

Lieutenant-Governor of Upper Canada. He left Canada in 1796, and

soon after he reached England he was sent out as Governor to St.

Domingo. After a few months in the island, the state of his health

compelled him to come home. He became a lieutenant-general, and was

appointed to be Commander-in-Chief in India in succession to Lord

Lake, but he never took up the appointment. Prior to going out he

was sent to Lisbon in 1806 on a special mission, was taken ill, and

brought home to die. He died at Exeter in October, 1806. There is a

monument to him by Flaxman in Exeter Cathedral[206], and in Canada

his name is borne by Lake Simcoe.

He was not only a good soldier, but a capable, vigorous,

public-spirited man, well suited in many ways to be the pioneer

governor of a new province. He was strong on questions of military

defence and a great road maker. He made Yonge Street, the road from

Toronto north to Lake Simcoe, called after Sir George Yonge then

Secretary of State for War and afterwards for a short time Governor

of the Cape; and he made Dundas Street, christened after the

Secretary of State for the Colonies, which then started from the

point on Lake Ontario where the city of Hamilton now stands and,

running west, connected with the river Thames.

[Sidenote: York or Toronto.]

[Sidenote: Simcoe’s views as to the seat of government for Upper

Canada.]

Toronto owed much to him, but not under its present name. The name

Toronto had been borne in old times by Lake Simcoe, and on the

site of the present city of Toronto the French had in 1749[207]

built a fort, named Fort Rouillé. The place had come to be known

as Toronto, but in 1792[208] the new name of York came into vogue,

and in the autumn of the following year, 1793, Simcoe reported

that that name had been officially adopted ‘with due celebrity’,

in honour of the successful storming of the French camp at Famars

near Valenciennes by the force under the command of the Duke of

York on the 23rd of May, 1793. It was not until 1834, when the

city was incorporated, that the old name of Toronto was restored.

Simcoe wrote of Toronto Harbour as ‘the proper naval arsenal of

Lake Ontario’; but it was not here that he would have placed the

seat of government. Strongly convinced of the necessity of opening

communication between Lake Ontario and the upper lakes, without

making the long round by the waters of Lake Erie and the Straits

of Detroit, in 1793 he explored the peninsula between the three

lakes of Ontario, Erie and Huron; and on a river, running westward

into Lake St. Clair, known at that date as the La Tranche river and

afterwards as the Thames[209], a place which was christened London

and where there is now a city with 40,000 inhabitants, seemed to

him to be the most suitable site for the political centre of Upper

Canada. His view was that the seat of government should be inland,

presumably because it would be more central in respect to the three

lakes, and also because it would be further removed from the danger

of raids from the neighbouring territory of the then unfriendly

republic. It is interesting to note that, in a dispatch expressing

an opinion to the above effect, Simcoe added that sooner or later

the Canadas might be divided into three instead of two provinces

and Montreal be made the centre of an intermediate government.

Dorchester held, as against Simcoe, that Toronto should be the seat

of government, and his view prevailed. The Legislature of Upper

Canada met at Newark for the last time in May, 1796, shortly before

the fort of Niagara on the opposite side of the river was handed

over to the Americans,[210] and from 1797 onwards, Simcoe having

left in the meanwhile, it met at Toronto.

[Sidenote: Friction between Dorchester and Simcoe.]

Before Dorchester returned to take up again the duties of

Governor-in-Chief, Simcoe had formed definite views as to the

civil administration and the military defence of Upper Canada;

and it is not surprising that the keen, active-minded soldier and

administrator, who was little more than forty years of age, did

not on all points see eye to eye with the veteran governor now

verging on seventy; or that, when he differed, he was not inclined

to subordinate his opinions to those of Dorchester. Thus we find

Dorchester sending home correspondence with Simcoe with the blunt

remark that the enclosures turned on the question whether he was to

receive orders from Simcoe or Simcoe from him. In his long official

career Dorchester had been much tried. At the time of the War of

Independence, he had been badly treated by his employers in England

and had felt to the full the mischief and inconvenience caused

when those employers divided their confidence and communicated

with one subordinate officer and another, thereby encouraging

disloyalty and intrigue. The correspondence of these later years

points to the conclusion that the iron had entered into his soul

and that, with the weariness of age growing upon him, he had become

somewhat querulous, unduly apprehensive of loss of authority, and

over-sensitive to difference of opinion. There seems to have been

no love lost between him and Dundas, while the latter was Secretary

of State, but all through the last stage of his career the key-note

was dread of divided authority.

[Sidenote: Dorchester’s views in favour of a Central Legislature

and a strong Executive.]

We have seen that he had not favoured the policy of dividing the

province of Quebec into two provinces, and that he had shown

sympathy with Chief Justice Smith’s proposals for establishing a

general government for British North America. In the summer of

1793, after the Canada Act had come into force but while he was

still in England on leave, he raised again this question of a

central government for all the King’s provinces in British North

America, receiving an answer from Dundas to the effect that the

measure would require a new Act of Parliament and that in Dundas’

opinion it would not add to the real strength or happiness of the

different provinces. After his return to Canada Dorchester took up

his text again, laying stress on the necessity of welding together

the different provinces. In existing conditions he saw a revival

of the system which had caused rebellion and the dismemberment

of the Empire. While the United States were pursuing a policy

of consolidation, the aim of the King’s Government seemed to be

to divide and sub-divide and form independent governments. All

power, he continued, was withdrawn from the Governor-General, and

instructions were sent directly from home to inferior officers,

so that the intermediate authority was virtually superseded.

Everything was favourable to insubordination, and the fruits of

it might be expected at an early season. This was in February

1795, when the governor was smarting under what he considered

to be unjust censure by the Home Government; and, though he

remained in Canada for some time longer, he continued to show,

by the tone of his dispatches, that he entirely disapproved of

the existing régime. In November, 1795, he wrote of ‘all command,

civil and military, being disorganized and without remedy’; in

the following May he wrote that ‘this unnatural disorder in our

political constitution, which alienates every servant of the Crown

from whoever administers the King’s Government, leaving only an

alternative still more dangerous, that of offending the mass of

the people, cannot fail to enervate all the powers of the British

Empire on this Continent’; and in June he wrote, that the old

colonial system was being strengthened with ruinous consequences.

[Sidenote: Relations of the Governor-in-Chief and

Lieutenant-Governors.]

It is not easy to decide how much ground there was for his

complaints. If the situation was difficult, the difficulty had

partly arisen from the bad custom, of which he had availed

himself, of allowing governors and other holders of posts in the

colonies to remain for an inordinate time at home while still

retaining office and receiving the pay attaching to it. At the

very time when he was most wanted in Canada to carry out the

division of the two provinces, and to make the central authority

of the Governor-in-Chief strongly felt from the first, he had

remained away for fully two years, thereby allowing the new

system to come into being and to make some progress before there

was any Governor-in-Chief on the spot. Coming out to Canada he

found the Lieutenant-Governors corresponding direct with the Home

Government, and it was hardly reasonable to insist that they

should be debarred from doing so, provided that, as the Duke of

Portland, who succeeded Dundas, pointed out, the Governor-in-Chief

was supplied with copies of the correspondence. An analogous case

is that of Australia at the present day. The governors of the

separate states correspond directly with the Colonial Office,

sending copies of important dispatches to the Governor-General

of the Commonwealth. Had Dorchester not been absent, when Simcoe

took up his appointment in Upper Canada, and had his mind not

been prejudiced by bitter memories of the days of Germain, it is

possible that friction might not have arisen. On the other hand

the limits of the authority of the Governor-in-Chief and of the

Lieutenant-Governors in the British North American provinces seem

not to have been clearly defined, with the result that, as years

went on, the Governor-in-Chief gradually became little more than

Governor of Lower Canada, and the Lieutenant-Governor of Upper

Canada became, in civil matters, governor of that province in all

but the name. When Lord Dalhousie was appointed Governor-in-Chief,

Sir Peregrine Maitland, then Lieutenant-Governor of Upper Canada,

asked the Secretary of State for a ruling on the subject; and Lord

Bathurst’s answer, dated the 9th of February, 1821, was that ‘So

long as the Governor-in-Chief is not resident within the province

of Upper Canada, and does not take the oaths of office in Upper

Canada, he has no control whatever over any part of the civil

administration, nor are you bound to comply with his directions

or to communicate with him on any act of your civil government.

To His Majesty you are alone responsible for the conduct of the

civil administration’. If, on the other hand, the Governor-in-Chief

were to take up his residence in Upper Canada and be sworn into

office, the Secretary of State laid down that the functions of the

Lieutenant-Governor would be entirely suspended. By this date,

therefore, the two appointments had become exclusive of each other.

At a later date, when Lord Durham was going out to Canada, Lord

Glenelg, then Secretary of State, emphasized still more strongly

the independence of the Lieutenant-Governors. When sending Lord

Durham his commission, he wrote on the 3rd of April, 1838, of

the position which the Governor-General or Governor-in-Chief had

up to that date held in regard to the other provinces. ‘With the

title of Governor-General, he has, in fact, been Governor of

the province of Lower Canada only, and has been prohibited from

resorting to any of the other provinces, lest his presence should

supersede the authority of the respective Lieutenant-Governors,

to whose administration they have been confided.... Hitherto it

has not been the practice to carry on official correspondence

between the Governor-General and any of the Lieutenant-Governors.

The Governor-General and the Lieutenant-Governors have severally

conducted their separate administrations as separate and

independent authorities, addressing all their communications on

public affairs to the head of this department, and receiving from

the Secretary of State alone instructions for their guidance.’

The result of dividing Canada into two provinces was necessarily

to create two governors. One was intended to be subordinate

to the other, but the subordination gradually became nominal

only. The political problems of Lower Canada were so difficult

and so important as to absorb the full time and attention of

the Governor-in-Chief; no railways or telegraphs facilitated

communication; and the British North American provinces, instead of

being controlled by a central executive authority, for good or evil

went their own way.

[Sidenote: Dorchester’s opposition to fees and perquisites.]

It has been seen that during Dorchester’s first government, he

had experienced no little difficulty in dealing with Livius, the

contumacious Chief Justice of Quebec. In the earlier period of his

second government, he had, on the contrary, a wise and loyal fellow

worker in Chief Justice Smith. Soon after the governor returned to

Canada for the last time, towards the end of 1793, Smith died and

his place was taken by Osgoode, the Chief Justice of Upper Canada,

who did not enjoy Dorchester’s confidence to the same extent as his

predecessor. But Osgoode’s appointment was made the occasion for

putting into practice a reform which Dorchester, to his lasting

honour, had urgently pressed upon the notice of the Imperial

Government, the abolition of fees and perquisites, and the payment

of judges and other public officers by adequate salaries alone.

Dorchester himself, when he first took up the government of Canada

in 1766, had refused to take the fees to which he was legally

entitled; and in the last years of his Canadian service he wrote on

this subject in no measured terms. In a dispatch dated the last day

of December, 1793, and written in connexion with the vacant chief

justiceship, he referred to the system of fees and perquisites

as one which ‘alienates every servant of the Crown from whoever

administers the King’s Government. This policy I consider as coeval

with His Majesty’s Governments in North America, and the cause

of their destruction. As its object was not public but private

advantage, so this principle has been pursued with diligence,

extending itself unnoticed, till all authority and influence of

government on this continent was overcome, and the governors

reduced almost to mere corresponding agents, unable to resist the

pecuniary speculations of gentlemen in office, their connexions

and associates’. He added that whatever tended to enfeeble the

Executive power in British North America tended to sever it for

ever from the Crown of Great Britain. Subsequent dispatches were

to the same effect. In June, 1795, he reported having disallowed

certain small claims by subordinate officers, expressed regret that

gentlemen in Britain should look to America for a reward for their

services, and laid down that officers should be paid sufficient

salaries to place them above pecuniary speculations in the

colonies. The next month he wrote in the same strain with reference

to the Customs officials and the collection of revenue: and a year

later he again insisted that such officers should not receive

indirect emoluments, that the local administration should not be

warped and made subservient to fees, profits, perquisites ‘and all

their dirty train’, and that the national interests should not

be sacrificed to gentlemen who possessed or were looking out for

good places for themselves and their connexions. Running through

the dispatches is insistence on the principle that the Executive

must be strong, that it can be strong only if the officers are

duly subordinate to the representative of the Crown, that loyal

subordination can only be produced by paying proper salaries and

abolishing perquisites, and that the loss of the old North American

colonies had been largely due to abuses which had lowered the

dignity and the authority of the Crown, alienating from it the

confidence and the affections of the people.

[Sidenote: Dorchester criticized by Dundas for plain speaking as to

the Americans.]

[Sidenote: War between the Americans and the Indians.]

The censure, if censure it can be called, which Dundas had

passed on Dorchester, and which caused the latter to tender his

resignation, was connected with the attitude which Dorchester felt

it necessary to take up towards the United States after his return

to Canada in the autumn of 1793. The Treaty of 1783 had settled, or

purported to settle, the boundaries of Canada as against the United

States, but it had not settled the boundaries of the United States

as against the Indians, and the Indians manfully maintained their

right to the territory north of the Ohio river. In November, 1791,

an American force under General St. Clair, who had commanded at

Ticonderoga at the time of Burgoyne’s advance, was badly defeated

in the Miami country to the south-west of Lake Erie. The British

Government and the Canadian authorities made various efforts to

mediate between the contending parties, but the government of the

United States was not disposed to accept such mediation, though

British officers were asked to be present at conferences which were

held in the summer of 1793 between representatives of the various

Indian tribes and commissioners of the United States. No result

came from these negotiations, the Indians demanding that the Ohio

should be the boundary, the Americans definitely refusing to comply

with the demand, and in the following year fighting began again.

[Sidenote: American sympathy with France.]

[Sidenote: Genet, French minister to the United States.]

The French Revolution had for some years been gathering strength.

In the autumn of 1792 France had been declared a Republic; and the

execution of the King on the 21st of January, 1793, was followed

on the 1st of February by a declaration of war against Great

Britain. The French also declared war against Spain, the power

which now held New Orleans and Louisiana west of the Mississippi.

The position in North America became at once very critical and

very dangerous. Popular feeling in the United States ran strongly

in favour of France. The Republicans of the New World were

enthusiastic for the people who had enabled them to gain their

independence and who, having put an end to monarchy in France,

were preparing to insist upon the adoption of a Republican system

elsewhere in Europe. Sympathy with France in the United States

implied enmity to England, and Thomas Jefferson, Washington’s

Secretary of State, was pronounced on the side of the French

alliance, representing the views of the Republican party as

opposed to the Federalists, the latter being headed by Alexander

Hamilton and Jay and supported by the unrivalled influence of

Washington himself. On the 22nd of April, 1793, Washington--with

popular feeling strongly against him in the matter--issued a

declaration of neutrality. At the same time, Genet, sent from

France as representative of the new Republic, reached Charleston.

With complete disregard of international law, which, when the

French Revolution was at its height, had largely lost its meaning,

Genet proceeded to make the United States a base for war against

Great Britain and Spain, fitting out privateers, sending agents

to Canada, planning a campaign against Louisiana. For some months

the popularity of his country and his cause, the unpopularity of

Great Britain, and the sympathy which Jefferson the Secretary of

State had with his views, enabled him, in Washington’s words, to

set the acts of the American Government at defiance with impunity

and to threaten the Executive with an appeal to the people; but

gradually Washington’s firmness and the Frenchman’s own outrageous

pretensions had due effect; and, before a year had passed, Genet

was, early in 1794, on the demand of the American Government,

replaced by another minister.

[Sidenote: Danger of war between Great Britain and the United

States.]

[Sidenote: Dorchester’s views.]

It was while the bitterness of feeling against England in the

United States was most intense that Dorchester returned to Canada.

St. Clair had been replaced in command on the Ohio frontier by

General Anthony Wayne, a soldier who had proved his worth in

the War of Independence, a man of strong words and actions, and

war seemed to be imminent. ‘Soon after my return to America,’

Dorchester wrote in the following year, ‘I perceived a very

different spirit’ (from that of the British Government) ‘animate

the United States, much heat and enmity, extraordinary exertions,

some open some covert, to inflame the passions of the people, all

things moving as by French impulse rapidly towards hostilities,

and the King’s Government of Lower Canada in danger of being

overwhelmed, so that I considered a rupture as inevitable.’ Yet,

as he said, he knew well that the British Government were anxious

to maintain friendship and peace with the United States; there

was no private inclination of his own to the contrary; nor, if

there was, had he any force in Canada to back his views. In a

previous dispatch, which was dated the 25th of October, 1793,

almost immediately after his return, after having pointed out the

likelihood of war and the necessity for reinforcements, he had

written, ‘The interests of the King’s American dominions require

peace, and I think the interests of the States require it still

more, though their conduct both to us and the Indians has created

many difficulties.’ He looked, he added, to a great future for the

States and for the white race generally in North America, but not

through war. ‘Not war, but a pure and impartial administration of

justice under a mild, firm and wise government will establish the

most powerful and wealthy people.’

[Sidenote: His firm attitude towards the United States.]

[Sidenote: Protest of the American Government against Dorchester.]

[Sidenote: Dorchester’s resignation.]

Dorchester then was wholly averse to war; but being on the spot

he saw more clearly than ministers in England that, the people of

the United States being minded for war, want of preparation and

appearance of timidity on the British side were likely to bring it

on, that plain speaking and firm action might have a good effect.

Simcoe, who was responsible under him for the frontier of Upper

Canada, seems to have been of the same mind. Accordingly, in

replying to two Indian deputations, one in the autumn of 1793, the

other on the 10th of February, 1794, Dorchester took occasion to

speak out, condemning the aggression of the United States which,

he said, had nearly exhausted the patience of Great Britain, and

referring to war between the two nations as imminent. At the same

time, as a counterblast to Wayne’s advance in the Ohio territories,

and as an outpost in the case of a movement against Detroit, he

ordered a fort to be constructed and garrisoned on what were called

the Miami rapids on the Maumee river, south-west of Lake Erie,

near the site where a fort had been constructed and held during

the War of Independence. Copies, or what purported to be copies,

of the governor’s speeches, and reports of his action, reached the

American Government in due course, and Randolph, who had succeeded

Jefferson, protested, characterizing them as ‘hostility itself’.

In view of this protest Dundas, in July, 1794, by which time Jay,

Washington’s emissary of peace, had arrived in England, addressed

a mild remonstrance to Dorchester, expressing fear that what had

been said and done might rather provoke hostilities than prevent

them; and upon receipt of this dispatch in the following September

Dorchester tendered his resignation. The Duke of Portland, who

succeeded Dundas, was at pains to retain the old governor’s

services, but, though nearly two years intervened before Dorchester

actually left Canada, the correspondence which passed in the

interval showed his anxiety to be gone, now that the danger of war

between Great Britain and the United States had for the moment

passed away.

[Sidenote: Jay’s treaty signed.]

[Sidenote: The border forts transferred to the United States in

1796.]

The most critical time was in the year 1794. In America the forces

which make for war were strongly in evidence. On the other side of

the Atlantic--to the lasting credit of both the British and the

American Governments--representatives of the two countries were

working hard for peace. In the spring of 1794 Washington nominated

John Jay, Chief Justice of the United States, to be a special

envoy to Great Britain with a view to settling, if possible, the

outstanding points of dispute between the two nations. The Senate

confirmed the nomination, and in June Jay reached England and

entered into negotiations with Lord Grenville. The result was that

on the 19th of November following Jay and Grenville signed the

well-known treaty which is associated with the American statesman’s

name, and which provided for an immediate or prospective settlement

of many if not of most of the questions at issue. The treaty

was bitterly attacked in the United States by the Republican

party and those who sympathized with France. Jay, Hamilton, even

Washington himself were denounced and reviled; but the government

had sufficient backing in the country to procure the assent of

the Senate to the terms of the treaty, with the exception of

one article, in the session of 1795; Washington ratified it in

August, 1795; and in the following year the measures for carrying

it into effect were voted by a small majority in the House of

Representatives. Under its provisions, in that same year, 1796, the

border forts were handed over to the United States.

[Sidenote: Wayne defeats the Indians.]

Meanwhile the war between the Americans and Indians ran the normal

course of such wars. The white men suffered some reverses; but,

with a strong body of regular troops supplemented by Kentucky

militia, and with the help of fortified posts constructed along

the line of advance, Wayne by August, 1794, had worn down the

Indians and menaced the British fort on the Maumee river, to whose

commandant, Major Campbell, he addressed threatening letters.

On either side, however, the orders were to abstain from blows,

while Jay and Grenville were negotiating, and the conclusion of

the treaty ensured the abandonment by the British troops of this

outpost of Detroit as well as of Detroit itself. Next year, on the

3rd of August, 1795, Wayne concluded the Treaty of Greenville with

the Western Indians. Under its terms the Americans advanced their

boundary beyond the Ohio, but still left to the Indians on the

south of Lake Erie and in the peninsula of Michigan lands of which

the treaty definitely recognized them to be owners, and where they

were to dwell under the protection of the United States.

[Sidenote: Dorchester and Simcoe leave Canada.]

In September, 1795, the Duke of Portland wrote to Lord

Dorchester telling him that General Prescott would be appointed

Lieutenant-Governor of Lower Canada and would leave for Canada in

the spring, so that Dorchester could suit his own convenience as

to returning to England. At the same time the Secretary of State

repeated his regret that Dorchester had determined to retire.

Prescott arrived on the 18th of June, 1796, and on the 9th of July

Dorchester embarked for England. His ship was wrecked on the shore

of Anticosti island, but he reached England in safety in September,

and died in a good old age in the autumn of 1808. Simcoe, in the

meantime, had, in December, 1795, applied for leave of absence on

account of ill health, suggesting that Peter Russell, the senior

councillor, should in his absence administer the government of

Upper Canada, and tendering his resignation if the leave could not

be granted. His wish was complied with, and, after being detained

for some time at Quebec, he came back with the returning ships

of the autumn convoy and was in London in 1796, two months after

Dorchester’s arrival. Canada saw him no more, and, as has been

told, he died at a comparatively early age, outlived by the old

Governor-in-Chief whose control had fretted his impetuous spirit.

[Sidenote: Lord Dorchester’s services to Great Britain and Canada.]

In the colonial history of Great Britain Lord Dorchester’s place is

or ought to be second to none. Men should be measured by the times

in which they live, the lands in which they serve, the conditions

which they are called upon to face. It did not fall to Carleton’s

lot to be borne on the flowing tide of British victories, to be

a leader in successful wars, to be remembered as one who struck

down England’s foes and added provinces to her empire. Nor was it

given to him to bear rule in times of settled peace, when wisdom

and statesmanship are called on to gather in and store the harvest,

to consolidate, to develop, to reform, to enrich, to give security

and beneficent measures to trusting and expectant multitudes

of the human race. Providence set the span of his active life

while his country’s fortunes were running out on the ebb-tide of

adversity; his public services were coincident with Great Britain’s

depression; and the part of the Empire in which he served was the

scene of her defeats. No men of good English type cheered and

supported him at home, the patriotism which inspired his life was

unknown alike to the ministers who preceded William Pitt and to an

Opposition which, as embodied in Fox, lost all sense of proportion,

and almost all sense of duty, or principle. Yet he held Quebec and

saved Canada. Men turned to him to gather up the fragments after

the War of Independence; and he reconciled French Canada to British

rule and held the balance even between conflicting races and

creeds. Open warfare, political intrigue, in every form and from

every quarter, from without and from within, beset his path. Those

he served and those by whom he was served were in turn disloyal

to him. Colonial questions, such as in times of profound peace

and goodwill, and after generations of experience, are yet almost

insoluble, confronted him, without precedent, without guidance,

in their most uncompromising form. He faced them, and through

all the mire and mud in which England and English civilians and

soldiers and sailors wallowed in these miserable years, he carried

one name at any rate which stood for dignity, uprightness, and

firm prescient statesmanship. It is not to the credit of English

memories or English perception that his name has outside Canada

passed into comparative oblivion. If ever a man had temptation

to despair of or be untrue to his country, and if ever a man’s

character and work redeemed his country and his country’s cause in

unworthy times, that man was Carleton.

A great figure in the colonial history of Great Britain as a whole,

in the history of Canada he is very great indeed. His character is

poles apart from that of old Count Frontenac, and yet he filled

in some sort a similar place. Both were soldier-governors; both

came back to rule a second time; in either case the individual

personality of a firm masterful man was the saving feature of

a time of life and death for the colony. Carleton had none of

Frontenac’s ruthlessness and arrogance, he had not his French

quick wit; but either man in his turn, the one at the end of the

seventeenth century, the other towards the end of the eighteenth,

was in the fullest sense the saviour of Canada.

[Sidenote: General Prescott succeeds Dorchester.]

Dorchester did not actually cease to be Governor-in-Chief of

Canada until the end of April, 1797, some months after his return

to England. He was then succeeded in the office by Prescott, who

in the meantime had been Lieutenant-Governor of Lower Canada

and Commander-in-Chief of the British forces in North America,

having been sworn in at Quebec on the 12th of July, 1796. Robert

Prescott, of Lancashire descent, was an old man when he was sent

to Canada. Born in 1725, he was seventy-one years of age, only

one year younger than Dorchester. He was a Lieutenant-General in

the army and had seen much fighting, principally in North America

and the West Indies. He had served under Amherst and Wolfe, at

Louisbourg and Quebec. He had fought in the War of American

Independence and been present at the battle of Brandywine. In 1794

he was in command of the force which took Martinique from the

French and, as civil governor of the island, he earned the goodwill

of French and natives alike by his tact and humanity.[211] Thus he

had a good record when he was chosen to succeed Lord Dorchester,

and, though his rule in Canada was short and stormy, when he left,

there was abundant evidence of his popularity.

[Sidenote: Intrigues of the French minister in the United States

against Canada.]

Before his arrival in 1796, and at the time, Adet the French

minister in the United States, was making mischief like his

predecessor Genet, intriguing against Washington’s policy of strict

neutrality as between France and Great Britain, and almost openly

inciting the French Canadians to revolt. He over-reached himself,

however, by supporting Jefferson’s candidature for the Presidency

of the United States in succession to Washington, with the result

that he was recalled. Jefferson’s opponent, John Adams, was elected

President; and the feeling between France and the United States

became strained to the verge of war between the two nations. The

French designs on Canada came to nothing. A man named Maclane, said

to have been of weak intellect, was executed for high treason at

Quebec, and a vessel was seized containing arms, ostensibly for the

state of Vermont, but, as the evidence seemed to show, designed for

use in a raid from Vermont on Canada. There was no actual danger,

but there was anxiety and unrest. England was at war with France;

Lower Canada was the child of France; the United States contained

a strong and very bitter anti-English party; and the armed forces

in Canada were almost a negligible quantity. At this same critical

time Prescott became involved in a quarrel with his Executive

Council over the land question.

[Sidenote: The land question in Canada. Prescott quarrels with his

Executive Council.]

A proclamation advertising Crown lands for settlement in Canada,

which was issued in 1792, had called forth a large number of

applications. Surveys had not kept pace with the demand for

allotments, and the result had been that many applicants whose

petitions had been entertained had not actually taken up any land,

while others had settled and occupied land without having any legal

title. As is usual in such cases, land-jobbing was prevalent; and

Prescott, according to his own account, was at pains at once to

frustrate ‘great schemes for accumulating land on principles of

monopoly and speculation’, and to raise the fund which the Imperial

Government had hoped to derive from this source for defraying in

part the cost of civil administration. Prescott’s view, it would

seem, was that those who had actually become occupiers and begun

the work of settlement, should be confirmed in their lands in

full; that, where applications had been recorded but no work done,

the allotments should only be confirmed in part; that purchasers

of claims should be dealt with on their merits, and that, the

outstanding claims having been disposed of, the lands, with the

exception of reserves for the Crown and the clergy, should be

put up for sale at public auction. His Council strongly opposed

him, on the ground that he was giving preference to those who had

occupied land without having been granted any legal title, and that

public sale would bring in a crowd of interlopers from the United

States who would take up the land to the exclusion of Loyalists

who had the first claim on the British Government. Prescott formed

the view, rightly or wrongly, that various members of the Council

were concerned in land-jobbing, and he held that public sale was

the only real preventive of speculation. ‘Industrious farmers,’

he wrote, ‘who would wish to obtain a grant for the purpose of

actual settlement, but who cannot spend their time in tedious

solicitation, stand little chance of obtaining it, compared with

speculators who can devote their time to the attainment of this

object. By disposing of the land at public sale, industrious

farmers would have an equal chance with any other competitor.’

[Sidenote: Benedict Arnold’s claims.]

[Sidenote: Prescott recalled.]

[Sidenote: Milnes and Hunter appointed Lieutenant-Governors of

Lower and Upper Canada respectively.]

The case of Benedict Arnold, though it did not apparently enter

into the controversy, as he was in England at the time, illustrates

the extravagant claims which were put forward to land grants in

Canada. At the beginning of 1797 he wrote to the Duke of Portland,

calling attention to the sacrifices which he had made for the

British Government, and asking for a reward in the shape of a

grant of lands in Canada. A year later he defined his demand. He

stated that the usual grant was 5,000 acres to each field officer

and 1,200 acres for every member of his family; in his own case,

therefore, as his family consisted of a wife, six sons and a

daughter, the total would amount to 14,600 acres; but, as he

had raised and commanded what he called a legion of cavalry and

infantry, he considered that he himself was entitled to 10,000

acres instead of 5,000, making up the total to 19,600 acres. Even

this amount he had amplified in a previous petition to the King,

and he wished to be allowed to select the land where he pleased and

not to be compelled to reside upon it personally.

If Arnold’s claims were at all typical of others, it is not to be

wondered at that Prescott took a strong line on the land question,

with a view to putting a stop to speculation. The controversy

which arose between himself and his Council was embittered by

the course which he adopted of making public their proceedings.

Chief Justice Osgoode and other members of the Council ranged

themselves in opposition to him; and the state of feeling was well

summed up in the words of a correspondent, writing from Quebec in

August, 1798, that the Council must either get a new governor or

the governor a new Council. The Duke of Portland, Secretary of

State, preferred the former alternative. On the 10th of April,

1799, he ordered Prescott home. Robert Shore Milnes was sent out

as Lieutenant-Governor of Lower Canada, and General Hunter as

Lieutenant-Governor of Upper Canada. They reached Quebec on the

13th of June, and on the 29th of July Prescott sailed for England,

having received before he left addresses of confidence from all

classes, British and French residents combining to pay honour to

him, as a man, who, whatever his faults may have been, had won the

respect and esteem of the people. By the evil custom of those days,

though recalled from Canada, he was allowed to retain for years in

England the office of Governor-General and to receive the pay.

[Sidenote: Close of the eighteenth century.]

Thus the eighteenth century came to an end, that memorable century,

in all parts of the world fruitful alike for good and for evil to

the British Empire, but nowhere so fruitful as in North America.

It had seen New France severed from its motherland. It had seen

the rival British colonies severed from Great Britain. It had seen

the beginnings of an English province in Canada side by side with

the French, and the grant of the first instalment of political

privileges to Canadians of either race. The maritime provinces,

when the century closed, were four in number, Nova Scotia, New

Brunswick, which owed its separate existence to the incoming of the

Loyalists, Cape Breton, which was later to be incorporated with

Nova Scotia, and Prince Edward Island. The North-West was beginning

to be a factor in Canadian history, and the exclusive power of

the Hudson’s Bay Company in these regions was challenged by the

formation of the North-West Company. Canada was still the land of

the St. Lawrence and the great lakes, but light was breaking into

the limitless area beyond, and as men’s visions widened, there came

more movement and more unrest.

[Sidenote: Milnes’ views as to strengthening the Executive.]

[Sidenote: Independence of the Canadian habitants.]

[Sidenote: Decay of the Canadian aristocracy.]

We have no regular census of the two Canadas between the year 1790,

when there was an imperfect enumeration of the inhabitants of the

then undivided province, and the years 1824-5; but in 1800 the

Lieutenant-Governor estimated the population of Lower Canada at

160,000, while in 1806 an estimate of 250,000 is given from another

source, the population of Upper Canada in the same year being

estimated at 70,000. That at the end of the century Lower Canada

was politically and socially in a state of transition is shown by

an interesting dispatch from Milnes written on the 1st of November,

1800,[212] in which, like his predecessors, he laid stress on the

necessity for taking steps to strengthen the Executive Government.

He pointed out causes which in his opinion united ‘in daily

lessening the power and influence of the Aristocratical Body in

Lower Canada’; and, curiously enough, he considered the first and

most important of these to be the manner in which the province

was originally settled, and the independent tenure by which the

cultivators or habitants held their lands. The feudal system had

been introduced with a view to keeping the colonists in leading

strings, and reproducing in the New World a form of society based

upon the fundamental principle of a landed aristocracy. Yet

this English governor wrote of the habitants at the end of the

eighteenth century, that ‘there cannot be a more independent race

of people, nor do I believe there is in any part of the world a

country in which equality of situation is so nearly established’.

The land had passed into the hands of the peasants from those of

the seigniors, who retained only the old-time privileges of a

trifling rent, taking a fourteenth of the corn which the habitants

were still bound to grind at the seigniors’ mills, and a twelfth of

the purchase-money when lands were transferred. The seigniors, the

dispatch stated, showed no disposition to enter into trade; their

position had in many instances sunk below that of their vassals;

and, taken as a whole, the Canadian gentry had nearly become

extinct.

[Sidenote: Independence of the Roman Catholic Church.]

The second cause to which Milnes attributed the weakness of the

government was ‘the prevalence of the Roman Catholic religion and

the independence of the priesthood’. The Royal Instructions were

that no one should be admitted to Holy Orders or have the Cure of

Souls without first obtaining a licence from the governor; but the

instructions had not been enforced, and the whole patronage of the

Roman Catholic Church had passed into the hands of the bishops,

with the result that the power of the priests over the people was

entirely independent of the government. This evil Milnes proposed

to remedy by increasing the emoluments which the head of the Roman

Catholic Church in Canada received from government funds, on

condition that the rule requiring the governor’s licences for the

parish priests was strictly observed in future.

[Sidenote: Disuse of the militia.]

The third cause which was mentioned as tending to lessen the

influence of the government, was the practical disembodiment of the

militia since Canada had passed under British rule. Under the old

French dominion the government had made itself felt in the various

parishes through the captains of militia and the parish priests,

and the captains of militia had been employed to issue and enforce

the public ordinances. They were, Milnes wrote, chosen from among

the most respectable of the habitants; and though the militia had

not been called out for years past and he did not propose to call

it out, the captains of militia were still in existence and the

government availed itself of their honorary services on public

occasions. He suggested that they should be given some salary or

distinction so that they might consider themselves to be ‘the

immediate officers of the Crown’; and thus he hoped to keep up the

spirit of loyalty among the Canadian people, which ‘for want of an

immediate class to whom they can look up, and from their having

no immediate connexion with the Executive power, is in danger of

becoming extinct’.[213] By attaching to the government the parish

priests and the captains of militia, it might be possible to ensure

a government majority in the House of Assembly and to secure the

election of educated and businesslike representatives, whereas

the main body of the Canadian habitants were, ‘from their want of

education and extreme simplicity, liable to be misled by designing

and artful men’.

[Sidenote: The Crown Lands.]

These proposals the Lieutenant-Governor regarded as temporary

remedies. For the future, he looked to increasing the influence

of the Crown by means of the revenue from waste lands, and the

settlement of those lands by ‘a body of people of the Protestant

religion that will naturally feel themselves more immediately

connected with the English Government’. In the mind of Milnes, as

in that of Dorchester, there was a fixed conviction that matters

were tending to democracy, as democracy had shown itself in the

adjoining republic; that such democracy meant disintegration; that

the influence of the Crown and of the Executive Government was

declining and would continue to decline, unless measures were taken

to counteract the evil. He held to the doctrine that well-wishers

of the government should think it matter for congratulation that

there was an annual deficit on the budget of Lower Canada,[214]

which made the province dependent upon the Imperial Government.

[Sidenote: The close of the eighteenth century was for Canada a

time of transition and division.]

The records of the time show that in every respect the close of

the eighteenth and the beginning of the nineteenth century was

for Canada a time of division and a time of change, though not

yet of dangerous bitterness. There were two provinces instead of

one. There were two Lieutenant-Governors, independent of each

other, while the Governor-in-Chief, recalled to England, was

still holding his post and drawing his pay. There were elected

Assemblies, to which the Executive was not responsible, and the

new century opened in Upper Canada with a complaint that the

Lieutenant-Governor had spent money raised from the taxes without

previously obtaining a vote of the Legislature. There was a

suggestion of difficulties arising from the fact that military and

civil authority for the time was divided. An interesting anonymous

letter written from Quebec on the 28th of July, 1806, and signed

‘Mercator’, called attention to this point, alleging that, since

Prescott’s recall in 1799, Lower Canada had languished owing to the

fact that civil and military powers were not in the same hands. The

result, in the writer’s opinion, was jealousy between the civil and

military departments, weakening of the energy of government and

loss of dignity. ‘The Canadians’ he wrote, ‘a military people and

always accustomed to a military government, hold not in sufficient

estimation a person placed at the head of affairs who does not at

the same time command the troops.’[215]

There was again undoubted division between the Judicial and the

Executive power. Chief Justice Osgoode in Lower Canada was not at

one with either Dorchester, Prescott, or Milnes; while in Upper

Canada, in the years 1806-7, a judge of the name of Thorpe became

a member of the elected Assembly and was so outrageous in his

opposition to the government that he was by Lord Castlereagh’s

instructions suspended from his office. The Church of England

bishop found cause to deplore the overshadowing pretensions of

the Roman Catholic Church. The Roman Catholic dignitaries, on the

other hand, asked for formal recognition of their position by

the civil government. There was a movement, strongly advocated

by the Church of England bishop, for more and better education,

both primary and secondary, so that the French Canadian children

might learn English, and the children of the upper classes might

be educated without being sent to Europe or to the United States.

The Secretary of State authorized free schools on the express

condition that English should be taught in them, and directed

that part of the Crown Lands revenues should be set aside for the

purpose. There was also a strong feeling that the Jesuit estates,

which long ago had been granted by the King to Lord Amherst but

had never been handed over to him, should be applied to education.

But no general system of state education was established--probably

owing to Roman Catholic feeling; and, as against the proposal to

teach English to the coming generation, there came into being in

1806 a French Canadian newspaper, _Le Canadien_, with the motto,

‘Nos institutions, notre langue et nos lois.’ Nothing in short was

settled in Canada. Once more it was to be shown that pressure from

without was necessary to produce full co-operation within; and,

badly equipped as the two provinces were with means of defence, war

was yet to be to them a blessing in disguise, as bringing them a

step further on the path of national development.

FOOTNOTES:

[189] In the interval the government was administered (i) from

the date of Haldimand’s departure till November 2, 1785, by Henry

Hamilton; (ii) from the latter date till Dorchester’s arrival, by

Colonel Hope. The command of the troops was at first separated from

the acting governorship, and placed in the hands of St. Leger.

Hamilton, who during the war had come into notice as having been in

command of the expedition to the Illinois posts in 1779, when he

was taken prisoner by George Rogers Clark, subsequently proved to

be unfit to act as governor, and was summarily recalled.

[190] The Commission given to Carleton as Governor-in-Chief of Nova

Scotia constituted him also Governor-in-Chief of the islands of St.

John (now Prince Edward Island) and Cape Breton; but, though the

terms of the Commission are not very clear, those two islands were

at the time separate both from Nova Scotia and from each other.

[191] See the _Parliamentary History_, vol. xxvi, pp. 190-5.

[192] See the _Censuses of Canada_ 1665-1871, given in the

fourth volume of the _Census of Canada_, 1870-1, published in

1876. Introduction pp. xxxviii-xliii, and p. 74. On p. 74 is the

following note: ‘The number of settlers of British origin then

in Lower Canada was estimated at 15,000 souls. The United Empire

Loyalists settled in Canada West, not enumerated in this census,

were estimated at 10,000 souls.’ On p. xxxviii, under the year

1784, it is stated:

‘There were at that time (1784) in Upper Canada about 10,000 United

Empire Loyalists, according to a memorandum contained in the

Appendices of the _House of Assembly of Upper Canada_ for 1823.

These 10,000 are not included in the preceding census.

‘1784 British population of Nova Scotia, including Cape Breton and

the mainland, estimated at 32,000 souls, having been increased by

the arrival of about 20,000 United Empire Loyalists (Haliburton,

_Nova Scotia_, vol. ii, p. 275). This estimate of the population of

Nova Scotia, which still included New Brunswick and Cape Breton,

cannot include the Acadians, who then numbered in all about 11,000.’

For the numbers of the United Empire Loyalists, see last chapter.

The figures relating to this time are, in most cases, probably

little more than guesswork.

[193] When the office of Secretary of State for the American

Department was abolished by Burke’s Act of 1782, colonial matters

were placed under the Secretary of State for the Home Department.

This office was in 1787 held by Lord Sydney, who was succeeded by

W. W. Grenville, youngest son of George Grenville, and afterwards

Lord Grenville. When Grenville was raised to the peerage and became

Secretary of State for Foreign Affairs, he was succeeded in the

Home and Colonies Department by Dundas, afterwards Lord Melville,

and Dundas was succeeded by the Duke of Portland.

[194] See above, pp. 105-6.

[195] See above, pp. 88 (note) and 193.

[196] For these petitions see Mr. Brymner’s _Introductory Report on

Canadian Archives_, 1890, pp. xxi-ii and pp. 146, 150, 157 of the

Calendar, and see Shortt and Doughty, _Documents Relating to the

Constitutional History of Canada_, pp. 502-5, 524-7.

[197] See Shortt and Doughty, pp. 520-4 and notes; and Debrett’s

_Parliamentary Debates_, vol. xx (1786), pp. 132-49. The statement

that two years had passed since the petition was presented was not

strictly correct, as the petition was dated November 24, 1784.

[198] See Shortt and Doughty, p. 652, note, and Debrett’s

_Parliamentary Debates_, vol. xxiii (1787-8), pp. 684-707.

[199] In 1789, Hugh Finlay, Postmaster-General of the province and

member of council, wrote suggesting that ‘We might make the people

entirely English by introducing the English language. This is to be

done by free schools, and by ordaining that all suits in our courts

shall be carried on in English after a certain number of years’.

See Shortt and Doughty, p. 657. He anticipated to some extent Lord

Durham’s views.

[200] The correspondence is given in full in Mr. Brymner’s _Report

on Canadian Archives_ for 1890, Note B, p. 10. See also Shortt

and Doughty, _Documents Relating to the Constitutional History of

Canada_, 1759-91, and Egerton and Grant, _Canadian Constitutional

Developments_.

[201] Compare the very similar language used by Carleton in a

private memorandum written in 1786 and quoted in note 3, p. 551,

Shortt and Doughty.

[202] No. 46 in ‘Papers relative to the province of Quebec ordered

to be printed April 21, 1791’. The Order in Council is referred

to in Lord Dorchester’s Commission as having been made on August

19, 1791; but that was the date on which the report was made upon

which the Order was based. The boundary line sketched out in the

Parliamentary Paper, and adopted almost word for word in the Order

in Council, was again adopted by Sec. 6 of the British North

America Act of 1867, when the Dominion was formed and the provinces

of Ontario and Quebec, i.e. Upper and Lower Canada, were, after

having been re-united by the Act of 1840, again separated from each

other.

[203] 18 Geo. III, cap. 12: ‘An Act for removing all doubts and

apprehensions concerning taxation by the Parliament of Great

Britain in any of the colonies, provinces, and plantations in North

America and the West Indies, &c.’ The preamble ran as follows:

‘Whereas taxation by the Parliament of Great Britain, for the

purpose of raising a revenue in H.M.’s colonies, provinces and

plantations in North America, has been found by experience to

occasion great uneasiness and disorders among H.M.’s faithful

subjects, who may nevertheless be disposed to acknowledge the

justice of contributing to the common defence of the Empire,

provided such contribution should be raised under the authority of

the general court or general assembly of each respective colony.’

[204] The above statement represents the general effect and

intent of the Act, but a long and complicated controversy arose

subsequently as to the disposal of the taxes raised under the

Imperial Act of 1774 (14 Geo. III, cap. 88), ‘to establish a fund

towards further defraying the charges of the Administration of

Justice and support of the Civil Government within the Province

of Quebec in America.’ It was contended that the effect of the

Declaratory Act of 1778, together with the Constitution Act of

1791, was to hand over the proceeds of these taxes to be disposed

of by the provincial legislatures. The contention had no real

basis, and the Law officers of the Crown reported it to be

unfounded, but eventually, by an Act of 1831 (1 and 2 Will. IV,

cap. 23), the legislatures of the two Canadas were empowered to

appropriate the revenues in question.

[205] _Report on Canadian Archives_, 1891; _State Papers, Upper

Canada_, p. 16.

[206] The monument is in the North Choir aisle. The inscription

runs as follows:

‘Sacred to the memory of John Graves Simcoe, Lieutenant-General in

the army and Colonel of the 22nd regiment of Foot, who died on the

26th day of October, 1806, aged 54, in whose life and character

the virtues of the Hero, the Patriot, and the Christian were so

eminently conspicuous that it may be justly said he served his King

and his country with a zeal exceeded only by his piety towards his

God.

‘During the erection of this monument, his eldest son, Francis

Gwillim Simcoe, lieutenant of the 27th regiment of Foot, born at

Wolford Lodge in this county, June 6, 1791, fell in the breach at

the siege of Badajoz, April 6, 1812, in the 21st year of his age.’

[207] See vol. v, part 1, of the _Historical Geography of the

British Colonies_, p. 196 and note.

[208] Bouchette wrote of York or Toronto in 1815: ‘In the year

1793, the spot on which it stands presented only one solitary

Indian wigwam; in the ensuing spring the ground for the future

metropolis of Upper Canada was fixed upon, and the buildings

commenced under the immediate superintendence of the late General

Simcoe, then Lieutenant-Governor.’ _A Topographical description of

the Province of Lower Canada, with remarks upon Upper Canada, &c._,

by Joseph Bouchette, Surveyor-General of Lower Canada (1st ed.),

London, 1815, pp. 607-8.

According to this account, therefore, the building did not begin

till 1794.

[209] The name of the Thames had been previously for a short time

given to another Canadian river, the Gananoque. See Shortt and

Doughty, p. 651 and note.

[210] Writing in February, 1796, Simcoe stated that the Legislature

would meet at Niagara (Newark) on May 7, but that he proposed to

dissolve the House of Assembly before the fort was evacuated.

[211] Similarly Sir George Prevost was very popular in St. Lucia

when he was commandant and governor in that island, 1798-1802.

[212] This dispatch is printed on pp. 111-21 of _Canadian

Constitutional Development_ (Grant and Egerton).

[213] Cp. the similar views expressed by Carleton at an earlier

date. See pp. 91-4 above.

[214] The average annual revenue of Lower Canada for the five

years 1795-9 inclusive was calculated at £13,000, p. a., of which

only £1,500 was derived from Crown Lands, and the average annual

expenditure at £25,000, leaving an annual deficit of £12,000.

[215] Brymner’s _Report on Canadian Archives_ for 1892, Calendar

and Introduction, p. vi. Cp. Murray’s views as given on p. 67

above, note.

A history of Canada, 1763-1812 · 第 9 / 11 章